Atir v. State

Court Below-Superior Court of the State of Delaware in and for New Castle County Cr. ID No.75060892DI

Before STRINE, Chief Justice, HOLLAND and VALIHURA, Justices.

ORDER

This 2nd day of March 2015, upon consideration of the appellant's opening brief and the appellee's motion to affirm, it appears to the Court that:

(1) In 1976, a Superior Court jury convicted the appellant, Amir Fatir, a/k/a Sterling Hobbs, of Murder in the First Degree and related offenses. In 1980, Fatir was sentenced to life in prison without parole for the murder conviction and to terms of imprisonment for the other offenses. On direct appeal, this Court affirmed Fatir's convictions and sentences.[1]

(2) This appeal is from the Superior Court's October 2014 order summarily dismissing Fatir's most recent motion for postconviction relief and denying his motion for appointment of counsel as moot.[2] In his postconviction motion and on appeal, Fatir claims that he was never arraigned in the Superior Court. The Superior Court summarily dismissed Fatir's postconviction motion as procedurally barred under Superior Court Criminal Rule 61(d)(2).

(3) The appellee, State of Delaware, has moved to affirm the judgment of the Superior Court on the ground that it is manifest on the face of Fatir's opening brief that this appeal is without merit. Having carefully considered the parties' positions on appeal and the Superior Court record, we agree and affirm. Moreover, because the trial transcript reflects that Fatir was arraigned immediately prior to jury selection, [3] we conclude that Fatir's appeal is, at best, "factually frivolous."[4]

(4) Fatir risks a special order assessing costs if he continues to file frivolous claims in this Court.[5] Moreover, because Fatir was granted leave to proceed in forma pauperis on appeal based on his certification, made under penalty of perjury, that "the facts alleged are true and correct, " the Court will revoke the order granting Fatir's in forma pauperis motion.

NOW, THEREFORE, IT IS ORDERED that the order granting Fatir9s motion to proceed in forma pauperis is REVOKED. The State's motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED.

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